E-Course Terms of Use and Liability Waiver

 

This online course and its videos, documents and other associated content (hereinafter inclusively referred to as “E-course”) has been produced by Oswald Digestive Clinic LLC. When you purchase our E-course, you agree to this Terms of Use and Liability Waiver.

 

All sales are final for online E-courses and no refunds are issued for online courses once a sale is completed.

 

The information in our E-course is for educational purposes only and is not intended to provide a medical/nutritional diagnosis or substitute for medical or nutritional advice or treatment.  Any reference to or mention of any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to diagnose your particular problems. Further, information provided in this E-Course and the use of any products or services purchased by you on our Website DO NOT create a dietitian, physician or other patient relationship between you and any of the dietitians or physicians affiliated with Oswald Digestive Clinic LLC. Information and statements regarding dietary supplements available on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.

 

You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. The instructional material in our E-course is intended for people who are struggling with gas, bloating, diarrhea, acid reflux and/or constipation to equip them with knowledge to improve their gut health.  However, we make no representations, guarantees or warranties that the information in our E-course is appropriate for you or will result in improvement of your condition or function. 

 

 

Before you begin the E-course, you should get medical clearance from your physician if you have any medical condition, disease, or disability.  By purchasing this E-course and embarking on the diet and nutrition practices in it, you are assuming the risk that the diet and nutrition practices may not be appropriate for you and may increase your discomfort or cause you to have new symptoms. If you have any increase in or new symptoms after changing an eating practice, you should stop the practice and seek advice from a physician or dietician/nutritionist. Never disregard professional medical advice or delay in seeking professional advice because of something you have read or seen in this E-Course.

 

By purchasing this E-course, Oswald Digestive Clinic LLC grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted E-course and any associated materials solely for your own personal and non-commercial use.  Our E-course is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any of the content within our E-course is strictly prohibited.  Your purchase of our E-course does not grant you any ownership rights to our E-course.  Any breach in the terms of this agreement may result in termination of your access to the E-course materials. Additionally, Oswald Digestive Clinic LLC reserves to right to enforce its copyright by any method permitted by law.

 

Our E-course may contain references or links to materials from third-parties.  Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us.  We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Our E-course is intended solely for Users who are at least age 18 years of age or older.  Any use of or access to our E-course by anyone under 18, is unauthorized, unlicensed and in violation of these Terms of Use. By purchasing our E-course, you represent and warrant that you are 18 years or older and that you agree to and will abide by all of the terms and conditions of this Agreement. Oswald Digestive Clinic LLC has sole right and discretion to determine whether to sell our E-course to any individual and may reject a purchase by any individual with or without explanation.

 

We will respond quickly to claims of copyright infringement as found in our E-course, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any copyrights are infringed by our E-course, please provide us with a written notice via mail, fax, or email that contains the following information:

(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) A description of the copyrighted work that you claim has been infringed;

(3) A description of where the material that you claim is infringing is located on our Website;

(4) Your address, telephone number, and email address;

(5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

We are only required to respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify by the method of contact you used to file your notice with us.

 

When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security.

 

THE CONTENT PROVIDED IN OUR E-COURSE IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OSWALD DIGESTIVE CLINIC LLC, INCLUDING ITS OWNERS, EMPLOYEES, CONTRACTORS, VENDORS, AGENTS, AND AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT, INCLUDING E-COURSES. OSWALD DIGESTIVE CLINIC LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT, INCLUDING E-COURSES.  OSWALD DIGESTIVE CLINIC DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

 

IN NO EVENT WILL OSWALD DIGESTIVE CLINIC LLC, ITS OWNERS, EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF THIS E-COURSE WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN.   NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OSWALD DIGESTIVE CLINIC LLC’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE E-COURSE  OR OTHER CONTENT WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

 

This Terms of Use and Liability Waiver shall be governed and construed in accordance with applicable federal law and the substantive laws of Minnesota without giving effect to the principles of conflict of laws.  Any cause of action by you with respect to our Website or Content, including E-Courses, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

 

To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.